National Legal Expert for the Development of a Database for Sharing Information on Corruption and Organized Crime Cases
The project Support to Anti-Corruption Efforts in Kosovo (SAEK) II is expected to have a positive impact on reducing the level of corruption in Kosovo by strengthening monitoring and oversight mechanisms of institutions to perform in an efficient, transparent, accountable, and gender sensitive manner. The project will ensure greater transparency and accountability of those institutions responsible for delivering public services and create the necessary requirements for more participatory governance at the local level.
SAEK II takes an innovative and holistic approach towards anti-corruption by focusing both on the “supply-side” and the “demand side” of democratic governance and taking into consideration different levels of intervention, working directly with central government authorities, local/municipal actors, civil society and the citizens themselves.
Activities implemented under SAEK II Component 1 will focus on strengthening the capacities of the Kosovo Anti-Corruption Agency (KAA) to become an effective external control mechanism for ethics, integrity and efficiency of the public administration. As identified as a priority by the EC Kosovo Reports, the project will also focus on enhancing active partnership and stronger collaboration and coordination amongst relevant stakeholders on anti-corruption issues, particularly amongst the KAA, prosecution and law enforcement.
In this light, UNDP SAEK II seeks to engage a consultant to support the development of the inter-institutional agreement framework for the establishment of database within the Office of the Chief Prosecutor by which the prosecution services will have direct access to information contained in databases within the Kosovo Police, the Tax Administration and other relevant institutions. The secure database, to be housed within the Office of the Prosecutor, will allow investigators direct access to criminal intelligence, relevant police investigative information and assets, income and tax records of targets of criminal cases pertaining to organized crime and corruption related offenses. The database, to be modeled on the existing database of the Republic of Croatia State Prosecution, USKOK, will contribute to the establishment of a track record of successful corruption and organized crime cases. The consultant will work closely with an IT consultant who will be tasked with developing the technical information technology specifications. A draft MoU has been developed in the first phase of this activity, while annexes specifically delineating the requirements and responsibilities of each institution entering the MoU agreement are needed to complete the legal framework.It is expected that the Consultant will deliver model annexes to the Memoranda of Understanding among the Office of the Chief Prosecutor, the Kosovo Police, Customs, the Cadastral Office and the Tax Administration and present the MoU and annexes to the heads and representatives of these institutions.
Objectives of AssignmentAdoption of a legal framework including MoUs and annexes defining the terms for sharing data among the prosecution, police and tax administration for the database for sharing information in the pre-investigation phase of corruption and organized crime cases.
Duties and Responsibilities
Under the direct supervision of the SAEK II Project Manager, and in daily cooperation with the Office of the Chief Prosecutor, the consultant shall be assigned to carry out the following tasks, as specified below:
Development of annexes of the MoU based on the following key principles:
- Review of all relevant legal frameworks (laws and bylaws) relating to the prosecution, police, tax administration and criminal offenses pertaining to corruption and organized crime that are pertinent to the draft MoU;
- Review of data sharing agreements and function specifics of each institution that will be party to the MoU;
- Meetings with legal and IT officers from all institutions to gather information and incorporate feedback;
- Drafting of annexes for the MoU among the Office of the Chief Prosecutor and the Kosovo Police; Customs, Cadastral Office, Office of the Chief Prosecutor and the Tax Administration;
- Presentation of the draft annexes and MoU to heads and representatives of institutions;
- Presentation of the final annexes and MoU to heads and representatives of institutions.
Expected Deliverables/ Outputs
- Review the legal framework
- Review of data sharing agreements and function specifics of each institution that will be party to the MoU
- Conduct meetings with legal and IT officers from all institutions to gather information and incorporate feedback
- Drafting of annexes for the MoU among the Office of the Chief Prosecutor and the Kosovo Police; Customs, Cadastral Office, Office of the Chief Prosecutor and the Tax Administration
- Presentation of the draft annexes and MoU to heads and representatives of institutions
- Incorporating all comments submitted to the presented draft annexes and MoU
- Presentation of the final annexes and MoU to heads and representatives of institutions
Deliverables / Final Products Expected
- Draft annexes of the MoU among the Office of the Chief Prosecutor, the Kosovo Police, Office of the Chief Prosecutor, Customs, Cadastral Office and the Tax Administration
- Presentation of the annexes and MoU
Remuneration - Lump Sum Amount
Required Presentation of Offer:
The following documents are required to be submitted:
- Letter of Confirmation of Interest and Availability
- Personal CV or P.11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Candidate and at least three (3) professional references;
- Brief description of why the individual considers him/herself as the most suitable for the assignment
- Methodology on how to approach and conduct the assignment;
- Financial Proposal - The Daily fee must be all-inclusive (the term “all inclusive” applies that all costs – professional fees, local travel costs, communications, consumables, etc).
Criteria for Selection of the Best Offer
Combined Scoring method – where the qualifications and methodology will be weighted a max. of 70%, and combined with the price offer which will be weighted a max of 30%;
- Demonstrates integrity by modeling the UN’s values and ethical standards
- Promotes the vision, mission and strategic goals of UNDP
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
- Treats all people fairly without favoritism
- Plans, prioritizes, and delivers tasks on time.
- Ability to work independently and takes initiative in addressing problems encountered.
- Ability to establish effective working relations in a multicultural team environment; supports effective and efficient team work.
- Result oriented and constructive attitude.
- Analytical and strategic thinking / results oriented;
- Ability to design and manage coordination processes, including with multiple stakeholders;
- Good knowledge of organizational policies and procedures related to the position and ability to apply them consistently in work tasks;
- Good knowledge of information technology and ability to apply it in work assignments;
- Good interpersonal skills and ability to communicate effectively, both orally and in writing;
- Learning and sharing knowledge and encourage the learning of others;
Required Skills and Experience
- Bachelor’s in law
- Minimum ten (10) years of professional experience with an investigative body, a local authority, legal practice or international organization;
- Experience in legal drafting;
- Excellent communication skills and ability to understand and successfully manage cultural/ethnic/political sensitivities are particularly important;
- Excellent knowledge of spoken and written English and Albanian or Serbian languages.
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